著者
土井 崇弘
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2004, pp.128-136,201, 2005-09-30 (Released:2008-11-17)
参考文献数
21

In this paper, I analyzed the theories of tradition in the works of F. A. Hayek and A. MacIntyre. Although both Hayek and MacIntyre criticize Enlightenment rationalism and emphasize the importance of tradition, there are great differences between their notions of tradition. While Hayek's notion of tradition is the tradition of rules of conduct, MacIntyre focuses on the tradition of intellectual enquiry. The differences also exist in their understandings of the relationship between liberalism and tradition, and in their theories of the progress of tradition. Hayek states that a successful free society will always in a large measure be a tradition-bound society, and that we should improve and revise our tradition of rules of conduct by remedying recognisable defects by piecemeal improvement based on immanent criticism. In contrast to Hayek's understanding, MacIntyre argues that in so far as we criticize the Enlightenment and emphasize the importance of tradition, we cannot defend liberalism. And MacIntyre also states that the enquiry of individuals as embodied in a tradition must involve not only discovery and an acknowledgement of what is given, but also the possibility of critical reflection on a tradition within which they find themselves, and such a critical reflection should not be restricted to piecemeal improvement based on immanent criticism. MacIntyre gave a detailed account of the progress of the tradition of intellectual enquiry in the theories of comparison between traditions. Finnally, based on both Hayek's and MacIntyre's theories of the progress of tradition, I present the theories of comparison between traditions of rules of conduct.